(2021)
SECTION 1
1 There is established the Federal University of Education Pankshin, Plateau State (in this Act referred to as “the University”). 2 The University- a is a body corporate with perpetual succession, and a common seal; and b may sue or be sued in its corporate name. 3 The University is a training institution for the development of teacher education in the country. 4 The University shall be supervised by the Federal Ministry of Education through the National Universities Commission (NUC) which is responsible for approving and regulating all academic programmes run in the University, to ensure quality compliance and provide funds for academic and research programmes, infrastructures and remunerations of employees. 5 The objectives of the University are to- a encourage the advancement of learning and to hold out to all persons without distinction of race, creed, sex or political conviction; b develop and offer academic and professional programmes leading to the award of certificates, first degrees, post-graduate, diploma and higher degrees with emphasis on planning, developmental and adaptive skills in education, technology, applied science, agriculture, commerce, arts, social science, humanities, management and allied professional disciplines; c produce socially mature experts in education with capabilities not to only understand the educational needs of Nigeria as a nation, but also to exploit existing educational infrastructure and improve on it to develop new ones; d act as agents and catalysts for effective educational system, through post graduate training, research and innovation, for effective economic utilisation and conservation of the country’s human resources; e bring quality change in education by focusing on teacher education through teaching and learning innovations; f collaborate with other national and international institutions involved in training, research and development of education with a view to promoting governance, leadership and management skills among educational managers; g identify educational needs of the society with a view to finding solutions to them within the context of overall national development; h provide and promote sound basic education training as a foundation for the development of Nigeria, taking into account indigenous culture and the need to enhance national unity; i provide higher education and foster a systematic advancement of the science and art of teacher education; j provide for instruction in such branches of teacher education as it may deem necessary to make provision for research advancement and dissemination of knowledge in such manner as it may determine; k provide teachers with operational competence for teaching in pre- tertiary institutions, basic, senior secondary schools and non- formal educational institutions; and l undertake any other activity that is appropriate for a university of education of the highest standard.
Establishment and objectives of Federal University of Education Pankshin, Plateau State.
SECTION 2
1 The University shall consist of- a a Chancellor; b a Pro-Chancellor and a Council; c a Vice-Chancellor and a Senate; d Congregation; e Convocation; f the campuses and colleges of the University; g the colleges, institutes and other teaching and research units of the University; h the persons holding the offices constituted under the First Schedule to this Act other than those mentioned in paragraphs (a) – (c); [First Schedule] i all graduates and undergraduates of the University; and j all other persons who are members of the University in accordance with provisions made by Statute in that behalf. 2 The First Schedule to this Act shall have effect with respect to the principal First Schedule officers of the University. [First Schedule] 3 Subject to section 5, provisions shall be made by Statute with respect to the constitution of the Council, Senate, Congregation and Convocation.
Composition of the University.
SECTION 3
1 For the attainment of its objectives as specified in section 1 (5), the University has powers to- a offer courses of instruction, training and research in education and allied areas for the production of quality and skilled teachers required to teach at lower, middle and higher levels of education in Nigeria in particular and the world at large; b establish such colleges, campuses, institutes, schools, departments and other teaching and research units within the University as may be necessary or desirable subject to the approval of the NUC; c institute professorships, readerships, associate professorships, lectureships, and other posts and offices and to make appointments to those post and offices; d institute and award fellowships, scholarships, exhibitions, bursaries, medals, prizes and other titles, distinctions, awards and forms of assistance; e provide for the discipline and welfare of members of the University; f hold examinations and grant degrees, diplomas, certificates and other distinctions to persons who have pursued a course of study approved by the University and have satisfied such other requirements as the University may lay down; g grant honorary degrees, fellowships or academic titles; h demand and receive from any student or any other person attending the University for the purposes of instruction, such fees as the University may determine subject to the overall directives of the Minister; i subject to section 20, acquire, hold, grant, charge or otherwise deal with or dispose of movable and immovable property wherever it is situate; j accept gifts, legacies and donations, but without obligation to accept the same for a particular purpose unless it approves the terms and conditions attached; k enter into contracts, establish trusts, act as trustee, solely or jointly with any other person, and employ or act through agents; l erect, provide, equip and maintain libraries, laboratories, workshops, lecture halls, halls of residence, refectories, sports grounds, playing fields and other buildings or things necessary for any of the objects of the University; m hold public lectures and undertake printing, publishing and book selling; n subject to any limitation or condition imposed by the Statute, to invest money appertaining to the University by way of endowment, not being immediately required for current expenditure in any investment or security or in the purchase or improvement of land, with power to vary such investments and deposit any money for the time being not invested with any bank in a deposit or current account; o borrow, whether on interest or not and if need be upon the security of any or all of the property, movable or immovable, of the University, such money as the Council may find necessary or expedient to borrow or to guarantee any loan, advance or credit facility; p make gifts for any charitable purpose; q do anything which it is authorised or required by this Act or any Statute to do; and r do all such acts or things, whether or not incidental to these powers, as may advance the objects of the University. 2 Subject to the provisions of this Act and of the Statutes and without prejudice to section 7 (2), the powers conferred on the University under subsection (1) are exercisable on behalf of the University by the Council, Senate or in any other manner which may be authorised by the Statute. 3 The power of the University to establish additional campuses and colleges within the University shall be exercised in accordance with the Statute.
Powers of the University.
SECTION 4
1 The Chancellor shall, in relation to the University, take precedence before all other members of the University and, when he is present, preside at all meetings of Convocation held for conferring degrees. 2 The Pro-Chancellor shall, in relation to the University, take precedence before all other members of the University, except the Chancellor and Vice-Chancellor when acting as Chairman of Congregation or Convocation, and the Pro-Chancellor shall, when he is present, be the Chairman at all meetings of the Council.
Functions of Chancellor and Pro- Chancellor.
SECTION 5
1 There is established for the University a Governing Council (in this Act referred to as “the Council”). 2 The Council shall consist of- a the Pro-Chancellor who is appointed by the President on the recommendation of the Minister; b the Vice-Chancellor; c the Deputy Vice-Chancellors; d one person from the Federal Ministry responsible for education; e four persons representing. a variety of interests and broadly representative of the whole Federation; f four persons appointed by the Senate from among its members; g two persons appointed by Congregation from among its members; and h one person appointed by Convocation from among its members. 3 Persons to be appointed to the Council shall be of proven integrity, knowledgeable and familiar with the affairs and tradition of the University. 4 The Council shall have a tenure of four years from the date of its inauguration but where the Council is found to be incompetent and corrupt, it shall be dissolved by the Visitor and a new Council shall immediately be constituted for the effective functioning of the University. 5 The powers of the Council shall be exercised, as specified in this Act and, to that extent, establishment circulars that are inconsistent with this Act shall not apply to the University. 6 The Council shall be free in the performance of its functions and discharge of its responsibilities for the good management, growth and development of the University. 7 The Council, in the performance of its functions, shall ensure that disbursement of funds of the University comply with the approved budgetary ratio for- a personnel cost; b overhead cost; c research and development; d library developments; and e the balance in expenditure between academic and non-academic activities.
Establishment, composition, tenure and powers of the Council.
SECTION 6
1 Subject to the provisions of this Act relating to the Visitor, the Council is- a the governing body of the University; and b responsible for the general control and superintendence of the policy, finances and property of the University. 2 There shall be the Finance and General Purposes Committee which shall, subject to the directions of the Council- a exercise control over the property and expenditure of the University; and b perform such other functions of the Council as the Council may delegate to it. 3 Provisions shall be made by the Statute with respect to the constitution of the Finance and General Purposes Committee. 4 The Council shall ensure that proper accounts of the University are kept and that the accounts of the University are audited annually by an independent firm of auditors approved by the Council and that an annual report is published by the University together with certified copies of the said accounts as audited. 5 Subject to this Act and the Statute, the Council and Finance and General Purposes Committee may each make rules for the purpose of performing their respective functions or of regulating their own procedure. 6 Rules made under subsection (5) by the Finance and General Purposes Committee shall not come into effect unless they are approved by the Council, and where the rules made by that Committee conflict with any direction given by the Council, the direction of the Council prevails. 7 There shall be paid respectively to the members of the Council, Finance and General Purposes Committee and any other committee set up by the Council allowances in respect of travelling and other reasonable expenses at such rates as Inay be fixed by the Minister. 8 The Council shall meet as and when necessary for the performance of its functions under this Act and shall meet at least three times in every year. 9 If requested in writing by five members of the Council, the Chairman shall, within 28 days after the receipt of such request, call a meeting of the Council. 10 Any request made under subsection (9) shall specify the business to be considered at the meeting, and no business which is not so specified shall be transacted at that meeting.
Functions of the Council and its Finance and General Purposes Committee.
SECTION 7
Subject to subsections (3) and (4) and the provisions of this Act relating to the Visitor, it shall be the general function of the Senate to organise and control the teaching by the University, the admission of student’s where no other enactment provides to the contrary, the discipline of students, and promote research at the University. 2 Without prejudice to the generality of subsection (1), it shall in particular be the function of the Senate to make provision for- a the establishment, organisation and control of campuses, colleges, schools, institutes and other teaching and research units of the University and the allocation of responsibility for different branches of learning; b the organisation and control of courses of study at the University and of the examinations held in conjunction with those courses, including the appointment of internal and external examiners; c the award of degrees, and such other qualifications as may be prescribed in connection with examinations held; d the making of recommendations to the Council with respect to the award to any person of an honorary fellowship, degree or the title of professor emeritus; e the establishment, organisation and control of halls of residence and similar institutions at the University; f the supervision of the welfare of students at the University and the regulation of their conduct; g the granting of fellowships, scholarships, prizes and similar awards if the awards are within the control of the University; and h determining what descriptions of dress shall be academic dress for the purposes of the University, and regulating the use of academic dress. 3 The Senate shall not establish any new campus, college, school, department, institute or other teaching and research units, any hall of residence or similar institution at the University without the approval of the Council. 4 Subject to this Act and the Statutes, the Senate may make regulations for the purpose of performing any function conferred on it either by this section or for the purpose of making provision for any matter covered by regulations and is authorised or required by this Act or by Statute. 5 Regulations shall provide that at least one of the persons appointed as the examiners at each final or professional examination held in conjunction with any course of study at the University is not a teacher at the University but is a teacher of the branch of learning to which the course relates at some other University of high repute or a person engaged in practicing the profession in a reputable organisation or institution. 6 Subject to right of appeal to the Council from a decision of the Senate under this subsection, the Senate may deprive any person of any degree, diploma or other award of the University which has been conferred upon him if after due enquiry the person is found to have been guilty of dishonourable or scandalous conduct in gaining admission into the University or obtaining that award.
Functions of the Senate of the University.
SECTION 8
1 The Vice-Chancellor shall, in relation to the University, take precedence before all other members of the University except the Chancellor, Pro- Chancellor and any other person acting as Chairman of the Council. 2 Subject to sections 6, 7 and 14, the Vice-Chancellor shall- a have the general function, in addition to any other function conferred on him by this Act of directing the activities of the University; b be the Chief Executive, Accounting Officer of the University and ex-officio Chairman of the Senate. c be the Chairman of the University Tenders’ Board responsible for approving the conduct of public procurement of goods, works and services within the approved threshold; and d establish and appoint members of the Tenders’ Board in line with the extant Public Procurement Rules and Regulations.
Functions of the Vice-Chancellor.
SECTION 9
1 There shall be a general fund of the University (in this Act referred to as “the General Fund”) which shall consist of- a grants-in-aid; b fees; c income derived from investments; d gifts, legacies, endowments and donations not accepted for a particular purpose; e income derived from the performance of any functions conferred or imposed on the University by this Act; f any other amount, charges or dues recoverable by the University; g revenue accruing to the University by way of subvention; h interests on investments; and i donations and legacies accruing to the University from any source for the general or special purposes of the University. 2 The General Fund shall be applied for the purposes of the University.
General Fund of the University.
SECTION 10
1 All property held by, or on behalf of the Provisional Council of the University shall, by virtue of this subsection, vest in the University and be held by it for the purpose of the University. 2 The provisions of the Second Schedule to this Act shall have effect with respect to matters arising from- [Second Schedule] a the transfer of property by this section; and b other matters mentioned in that Schedule.
Transfer of property.
SECTION 11
1 Subject to this Act, the University may make Statutes for- a making provision with respect to the composition and constitution of any authority of the University; b specifying and regulating the powers and duties of any authority of the University, and any other matter connected with the University or any of its authorities; c regulating the admission of students where no other enactment provides to the contrary, and their discipline and welfare; d determining whether any particular matter is to be treated as an academic or non-academic matter for the purposes of this Act and any Statute, regulation or other instrument made under this Act; or e making provision for any other matter which is authorised or required by this Act. 2 Subject to section 25 (6), the Interpretation Act applies in relation to any Statute made under this section as it applies to a subsidiary instrument within the meaning of section 28 (1). [Cap. I23, LFN, 2004] 3 The Statute contained in the Third Schedule to this Act is deemed to have come into effect on the commencement of this Act and is deemed to have been made under this section by the University. [Third Schedule] 4 The power to make Statutes conferred by this section shall not be prejudiced or limited in any way by reason of the inclusion or omission of any matter in or from the Statute contained in the Third Schedule to this Act or any subsequent Statute. [Third Schedule]
Power of the University to make statutes.
SECTION 12
1 The power of the University to make Statutes shall be exercised in accordance with the provisions of this section. 2 A proposed Statute shall not become law unless it has been approved at the meeting of the- a Senate, by the votes of at least two-thirds of the members present and voting; and b Council, by the votes of at least two-thirds of the members present and voting. 3 A proposed Statute may originate either in the Senate or Council, and may be approved as required by subsection (2). 4 A Statute which- a makes a provision for or alters the composition or constitution of the Council, the Senate or any other authority of the University, or b provides for the establishment of a new campus or college or for the amendment or revocation of any statute, shall not come into effect unless it has been approved by the Visitor. 5 For the purpose of section 2 (2) of the Interpretation Act, a Statute shall be treated as being made on the date on which it is duly approved by the Council or Senate, in accordance with subsection (2) or in the case of a Statute falling within subsection (4), on the date on which it is approved by the President. [Cap. I23, LFN, 2004] 6 In the event of any doubt or dispute arising at any time as to- a the meaning of any provision of a Statute, or b whether any matter is, for the purposes of this Act, an academic or non-academic matter as it relates to such doubt or dispute, the matter may be referred to the Visitor, who shall take such advice and make such decision as he may think fit. 7 The decision of the Visitor on any matter referred to him under subsection (6) is binding upon the authorities, staff, and students of the University, and where any question as to the meaning of any provision of a Statute has been decided by the Visitor under that subsection, no question as to the meaning of that provision shall be entertained by any court of law in Nigeria. 8 Nothing in subsection (7) affects any power of a court of competent jurisdiction to determine whether any provision of a Statute is wholly or partly void as being ultra vires or as being inconsistent with the Constitution of the Federal Republic of Nigeria. [Cap, C23, LFN, 2004]
Mode of exercising power to make statutes.
SECTION 13
A Statute Inay be proved in any court by the production of a copy bearing or having affixed to it a certificate purporting to be signed by the Vice- Chancellor or the Secretary to the Council to the effect that the copy is a true copy of a Statute of the University.
Proof of statute.
SECTION 14
1 The President shall be the Visitor of the University. 2 The Visitor shall cause a visitation to the University when necessary, at least every five years, or direct that such a visitation be conducted by such person or persons as the Visitor may deem fit and in respect of any of the affairs of the University. 3 The bodies and persons comprising the University shall make available to the Visitor and any other person conducting a visitation under this section, such facilities and assistance as the visitor or that person may reasonably require for the purposes of a visitation. 4 The Visitor shall make the report of such visitations and issue a white paper to that effect and make it available to the Council for implementation.
The Visitor.
SECTION 15
1 If it appears to the Council that a member of the Council, other than the Pro-Chancellor or the Vice-Chancellor should be removed from office on the ground of misconduct or inability to perform the functions of his office or employment, the Council shall make a recommendation to that effect through the Minister, to the Visitor, and the Visitor, after making such inquiries as he may consider appropriate, if he approves the recommendation, may direct the removal of the person in question from office. 2 The Minister shall cause a copy of the instrument embodying a direction under subsection (1) to be served immediately on the person to whom it relates.
Removal of certain members of Council.
SECTION 16
1 If it appears to the Council that there are reasons for believing that any person employed as a member of the academic, administrative or professional staff of the University, other than the Vice-Chancellor, should be removed from his office or employment on the ground of misconduct or professional inability to perform the functions of his office or employment, the Council shall- a give notice of those reasons to the person in question; b afford him an opportunity of making representations in person on the matter by the Council; and c afford the person in question, an opportunity of appearing before and being heard by the investigating committee with respect to the matter. 2 If the Council, after considering the report of the investigating committee, is satisfied that the person in question should be removed, the Council may so remove him by an instrument in writing signed on the directions of the Council. 3 The Vice-Chancellor may, in a case of misconduct by a member of staff which, in the opinion of the Vice-Chancellor is prejudicial to the interest of the University, suspend such member and the suspension shall immediately be reported to the Council. 4 For good cause, any member of staff may be suspended from his duties, or his appointment may be terminated by the Council, and for the purposes of this subsection, “good cause” means: a conviction for any offence which the Council considers to be such as to render the person concerned unfit for the discharge of the duties of his office; b any physical or mental incapacity which the Council, after obtaining medical advice, considers to be such as to render the person concerned unfit to continue to hold his office; c conduct of a scandalous or disgraceful nature which the Council considers to be such as to render the person concerned unfit to continue to hold his office; d conduct which the Council considers to be such as to constitute failure or inability of the person concerned to discharge the duties of his office or comply with the terms and conditions of his service; and e conduct which the Council considers to be generally of such nature as to render the continued appointment or service of the person concerned prejudicial or detrimental to the interest of the University. 5 A person suspended under subsection (3) or (4) shall be on half pay and the Council shall, before the expiration of three months after the date of such suspension, consider the case against that person and come to a decision as whether to- a continue such person’s suspension and, if so, on what terms, including the proportion of his emoluments to be paid to him; b reinstate such person, in which case the Council shall restore his full emoluments to him with effect from the date of suspension; c terminate the appointment of the person concerned, in which case such a person shall not be entitled to the proportion of his emoluments withheld during the period of suspension; or d take such lesser disciplinary action against such person, including the restoration of such proportion of his emoluments that might have been withheld, as the Council may determine. 6 Where the Council, under this section, decides to continue a person’s suspension or decides to take further disciplinary action against a person, the Council shall, before the expiration of three months from such decision collie to a final determination in respect of the case concerning the person. 7 The person by whom an instrument of removal is signed under subsection (l) shall use his best endeavours to cause a copy of the instrument to be served immediately, on the person to whom it relates. 8 Nothing in this section- a applies to any directive given by the Visitor in consequence of any visitation; or b prevents the Council from making regulations for the discipline of other categories of workers of the University as may be prescribed.
Removal and discipline of academic, administrative and professional staff.
SECTION 17
1 If, on the recommendation of the Senate, it appears to the Vice-Chancellor that a person appointed as an examiner for any examination of the University ought to be removed from his office or appointment, then, except in such cases as may be prescribed by the Vice-Chancellor, the Senate may, after affording the examiner an opportunity of making representations in person on the matter to the Vice-Chancellor, remove the examiner from the appointment by an instrument in writing signed by the Vice-Chancellor. 2 Subject to the regulations made under section 7 (5), the Vice-Chancellor may, on the recommendation of the Senate, appoint an appropriate person as examiner in the place of the examiner removed under subsection (1). 3 The Vice-Chancellor on signing an instrument of removal under this section shall cause a copy of the instrument to be served immediately on the person to whom it relates.
Removal of examiners.
SECTION 18
1 The Students shall- a be represented in the University’s Students Welfare Board and other committees that deal with the affairs of students; b participate in various aspects of curriculum development; c participate in the process of assessing academic staff in respect of teaching; and d be encouraged to be more self-assured as part of the national development process. 2 Subject to the provisions of this section, where it appears to the Vice- Chancellor that any student of the University has been guilty of misconduct, the Vice-Chancellor may, without prejudice to any other disciplinary power conferred on him by Statute or regulations, direct that the- a student shall not, during such period as may be specified in the directions, participate in such activities of the University or make use of such facilities of the University, as may be so specified; b activities of the student shall, during such period as may be specified in the direction, be restricted in such manner as may be so specified; c student be rusticated for such period as may be specified in the direction; or d student be expelled from the University. 3 Where a direction is given under subsection (1) (c) or (d) in respect of any student, that student may, within the prescribed period and in the prescribed manner, appeal to the Council, and where such an appeal is brought, the Council shall, after causing such inquiry to be made in the matter as it considers just, either confirm, set aside or modify the direction in such manner as it deems fit. 4 An appeal brought under subsection (3) does not affect the operation of the direction while the appeal is pending. 5 The Vice-Chancellor Inay delegate his powers under this section to a disciplinary board consisting of such members of the University as he may nominate. 6 Nothing in this section is construed as preventing the restriction or termination of students’ activities at the University than on the ground of misconduct. 7 A direction under subsection (2) (a) may be combined with a direction under subsection (2) (b).
Participation and discipline of students.
SECTION 19
1 A person shall not be required to satisfy requirements as to race, including ethnic grouping, sex, place of birth, family origin, religious or political persuasion, as a condition of becoming or continuing to be- a a student at the university; b the holder of any degree of the University, appointment or employment at the University; or c a member of any body established under this Act. 2 A person shall not be subject to any disadvantage or accorded any advantage in relation to the University, by reference to any of the matters in subsection (1). 3 Nothing in subsection (1) is construed as preventing the University from imposing any disability or restriction on any of the persons mentioned in that subsection where such person willfully refuses or fails, on grounds of religious belief, to undertake any duty generally and uniformly imposed on such persons or any group of them which duty, having regard to its nature and the special circumstances pertaining thereto, is in the opinion of the University, reasonably justifiable in the national interest.
Exclusion from discrimination.
SECTION 20
Without prejudice to the provisions of the Land Use Act, the University shall not dispose of or charge any land or an interest in any land, including any land transferred to the University by this Act, except with the prior written consent of the Governor: Provided that such consent shall not be required in the case of any lease or tenancy at a rack-rent for a term not exceeding 21 years or any lease or tenancy to a member of the University for residential purpose. [Cap. L5, LFN, 2004]
Restriction on disposal of land by University.
SECTION 21
Except as may be otherwise provided by Statute or regulations, the quorum and procedure of any body of persons established under this Act shall be as determined by that body.
Quorum and procedure of bodies established under this Act.
SECTION 22
1 Any body of persons established under this Act shall, without prejudice to the generality of the powers of that body, have power to set up committees, which need not consist exclusively of members of that body, and to authorise a committee set up by it to- a perform, on its behalf, its functions as it may determine; and b co-opt members, and direct whether or not co-opted members are entitled to vote in that committee. 2 Any two or more such bodies may arrange for the holding of joint meetings of those bodies, or for setting up of committees consisting of members of those bodies, for the purpose of considering any matter within the competence of those bodies or any of them, and either of dealing with it or reporting on it to those bodies or any of them. 3 Except as may be otherwise provided by Statute or regulations, the quorum and procedure of a committee established or meeting held under this section, shall be such as may be determined by the body or bodies which have decided to set up the committee or hold the meeting. 4 Nothing in the provisions of subsection (1), (2) and (3) is construed as enabling the- a Statutes to be made otherwise than in accordance with section 11; or b Senate to empower any other body to make regulations or award degrees or other qualifications. 5 The Pro-Chancellor and Vice-Chancellor shall be members of every committee of which the members are wholly or partly appointed by the Council, other than a committee appointed to inquire into the conduct of the officer in question, and the Vice-Chancellor shall be a member of every committee of which the members are wholly or partly appointed by the Senate.
Appointment of committees.
SECTION 23
1 Notwithstanding anything to the contrary in the Pension Reform Act, the compulsory retirement age of the- a academic staff of the University in the non-professorial cadre is 65 years; [Act No. 4, 2014] b academic staff of the University in the professorial cadre is 70 years; and c non-academic staff of the University is 65 years. 2 A law or rule requiring a person to retire from the public service after serving for 35 years does not apply to an academic staff of the University.
Retirement age of academic staff.
SECTION 24
An academic staff of the University who retires as a Professor in the University is entitled to pension at a rate equivalent to his annual salary provided that the Professor has served continuously in the University up to the retirement age.
Special provisions relating to pension of Professors.
SECTION 25
1 The seal of the University shall be such as may be determined by the Council and approved by the Chancellor, and the affixing of the seal shall be authenticated by any member of the Council or by the Vice- Chancellor, Secretary to the Council or any other person authorised by Statute. 2 Any document purporting to be a document executed under the seal of the University shall be received in evidence and is, unless the contrary is proved, presumed to be so executed. 3 Any contract or instrument, which if made or executed by a person not being a body corporate would not be required to be under seal, may be made or executed on behalf of the University by any person generally or specially authorised to do so by the Council. 4 The validity of any proceeding of any body established under this Act is not affected by any vacancy in the membership of the body, any defect in the appointment of a member of the body or by reason that any person not entitled to do so took part in the proceeding. 5 A member of any body who has a personal interest in any matter proposed to be considered by that body shall disclose his interest to the body and shall not vote on any question relating to that matter. 6 Nothing in section 12 of the Interpretation Act, which provides for the application in relation to subordinate legislation of certain incidental provisions, applies to Statutes or regulations made under this Act. [Cap. 123, LFN, 2004] 7 The power conferred by this Act on any body to make Statutes or regulations includes power to revoke or vary any- a statute, including the Statute contained in the Third Schedule to this Act; or [Third Schedule] b regulation by a subsequent statute or subsequent regulation as the case may be: Provided that the subsequent regulation or statute may make different provisions in relation to different circumstances. 8 A stamp duty or any other duty shall not be payable in respect of any transfer of property to the University by virtue of sections 10, 20 or the Second Schedule to this Act. [Second Schedule] 9 Any notice or other instrument authorised to be served by virtue of this Act may, without prejudice to any other mode of service, be served by post.
Miscellaneous and administrative provisions.
SECTION 26
1 A legal proceeding shall not be instituted or commenced against the University or any of its agents in the course of their official duties unless a three months pre-action notice of such intention is served on the University by an aggrieved party; 2 The notice shall state the reason and the cause of action intended to be taken against the University, the particulars of the claim, the name and place of abode of the intending plaintiff and the relief which he claims. 3 A suit shall not be commenced against an officer or servant of the University, in any case where the University is vicariously liable for any alleged act, neglect or default of the officer or servant in the performance or intended performances of his duties, unless three months at least has elapsed after written notice of intention to commence the same shall have been served on the University by the intending plaintiff or his agent. 4 In any suit against the University, no execution, attachment or process in the nature shall be issued against the University, but any sum of money which may by the judgment of the court be awarded against the University shall, subject to any direction given by the court where notice of appeal has been given by the University in respect of the said judgment, be paid by the University from its general funds. 5 Service of any notice, order or other document, may be effected by delivering same or by sending it by registered post addressed to the Registrar and Secretary of the Council.
Restriction of suits and execution.
SECTION 27
1 This Act repeals paragraph (k) of the First Schedule to the Federal Colleges of Education Act, Cap. F8, Laws of Federation of Nigeria, 2004. 2 Anything done or purported to have been done under the repealed Act, remains valid, except provided under this Act. 3 Subsidiary legislation made or deemed to have been made under the repealed Act, immediately before the commencement of this Act, shall continue in force with necessary modification and may be amended or revoked as if it had been made under this Act. 4 The rights, assets, obligations and liabilities under the repealed Act shall, at the commencement of this Act, rest in and devolve on the University.
Repeal, savings and transitional provisions.
SECTION 28
Where, under this Act, it is provided that proposals are to be submitted or a recommendation is to be made by one or more authority through one or more intermediate authorities, the intermediate authority shall forward the proposal or recommendation received by it under that provision to the appropriate authority, and the intermediate authority may, if it deems fit, forward same with its own comments.
Proposal and recommendation.
SECTION 29
In this Act- “campus” means any campus which Inay be established by the University; “College” means the College established under section 2 (1) (g) of this Act for the University; “Council” means the Governing Council of the University established by section 5 of this Act; “functions” includes powers and duties; “graduate” means a person on whom a degree, other than an honorary degree, has been conferred by the University and any other person as may be designated as a graduate by the Council, acting in accordance with the recommendation of the Senate; “Minister” means the Minister responsible for Education; “notice” means notice in writing; “officer” does not include the Visitor; “prescribed” means prescribed by Statute or regulations; “Professor” means a person designated as a Professor of the University in accordance with provisions made in that behalf by the statute or regulations; “property” includes rights, liabilities and obligations; “Provisional Council” means the provisional council appointed for the University; “regulations” means regulations made by the Senate or the Council; “Senate” means the Senate of the University established under section 2 (1) (c) of this Act; “school” means a unit of closely related academic programmes; “Statute” means a statute made by the University under section 11 and 12 of this Act; “teacher” means a person holding a full-time appointment as a member of the teaching or research staff of the University; “undergraduate” means a person registered as a student undergoing a course of study for a first degree of the University or such other course in the University as may be approved by the Senate as qualifying a student undergoing it for the status of an under-graduate; “University” means Federal University of Education Pankshin, Plateau State established under section 1 (1) of this Act.
Interpretation.
SECTION 30
This Act may be cited as the Federal University of Education, Pankshin, Plateau State (Establishment) Act, 2021.
Citation.
